Before the road construction began in Grand Marais, Holiday gas station owner Mike Quaife thought his red-white-and-blue sign advertising his business would be okay where it had stood through decades of Minnesota Department of Transportation improvements to Highway 61 that had taken place in front of his business.
Sadly that was not the case this time.
A professional survey showed the sign was encroaching by several inches onto the state’s easement, and the state wanted those inches. But Quaife noted the sign had been an encroachment on the public right of way since 1953 when it was erected, so why should it matter now?
Despite the past Highway 61 projects, this time the Minnesota Department of Transportation told him the sign had to go, and Mike’s Holiday Inc. was issued a violation notice in October of 2019.
In April 2020, Quaife hired a local construction company to remove the sign to comply with the state’s orders. He placed the sign in storage and hopes he will be able to put it back up after the roadwork is completed next summer.
The following month, in May, the store, backed by the Holiday chain, sued the city and the state. In the suit it was noted that the sign was an integral part of advertising the business and that the state had never objected to the sign being in its location at any time over the long history of its placement.
While Quaife argues the sign is integral to his business the state says otherwise.
In a brief filed in June 2020, the state claims that the complaint against it, “fails to state claims which relief may be granted.”
In its brief to the court, the City of Grand Marais argues that Holiday is not entitled to the “relief requested.” The city has utility projects it is completing in the affected area and has easements for those projects.
The state’s motion to dismiss the case will be heard by Cook County District Judge Michael J. Cuzzo on August 25, 2020.
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